[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Notices]
[Pages 73119-73120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33630]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC-F-20958]
Academy Lines, Inc.--Merger--Asbury Park Transit Lines, Inc.
AGENCY: Surface Transportation Board.
ACTION: Notice Tentatively Approving Finance Transaction.
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SUMMARY: Academy Lines, Inc. (Academy Lines or applicant), a motor
carrier of passengers, has filed an application under 49 U.S.C. 14303
for the acquisition by merger of its affiliate, Asbury Park Transit
Lines, Inc. (Asbury Park), also a motor carrier of passengers. Persons
wishing to oppose the application must follow the rules at 49 CFR
1182.5 and 1182.8. The Board has
[[Page 73120]]
tentatively approved the transaction, and, if no opposing comments are
timely filed, this notice will be the final Board action.
DATES: Comments must be filed by February 14, 2000. Applicant may file
a reply by February 28, 2000. If no comments are filed by February 14,
2000, the approval is effective on that date.
ADDRESSES: Send an original and 10 copies of any comments referring to
STB Docket No. MC-F-20958 to: Surface Transportation Board, Office of
the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC
20423-0001. In addition, send one copy of comments to applicant's
representative: Fritz R. Kahn, Suite 750 West, 1100 New York Avenue,
N.W., Washington, DC 20005-3934.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. [TDD for
the hearing impaired: (202) 565-1695.]
SUPPLEMENTARY INFORMATION: Academy Lines is authorized to provide local
commuter bus service and other regular-route operations, principally
between New York, NY, and various points in New Jersey and
Pennsylvania, as well as in special or charter operations, pursuant to
authority granted in Docket No. MC-106207. Asbury Park is authorized to
provide local commuter bus service and other regular-route operations,
principally between New York, NY, and various points in New Jersey, as
well as special or charter operations, pursuant to authority granted in
Docket No. MC-1002.
Academy Lines and Asbury Park are currently controlled by the Frank
Tedesco Trust, Francis Tedesco and Mark Tedesco, settlers (Tedesco
Trust). Applicant states that the Tedesco Trust will convey all of its
shares of stock of Asbury Park to Academy Lines, and Asbury Park will
be merged into Academy Lines.1 By application thereafter to
be filed with the Federal Highway Administration, the operating
authority held by Asbury Park is expected to be transferred to, and be
integrated into the operating authority of, Academy Lines.
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\1\ By separate application simultaneously filed in Tedesco
Family ESB Trust-- Acquisition of Control--Academy Bus Tours, Inc.,
et al., STB Docket No. MC-F-20957, Tedesco Family ESB Trust (Francis
Tedesco and Mark Tedesco, settlers), seeks Board approval of its
acquisition of control, from Tedesco Trust, of Academy Lines, along
with Academy Bus Tours, Inc. (MC-165004), and, through Franmar
Logistics, Inc., a noncarrier, of Academy Bus Tours, Inc. (PA) (MC-
215354), Academy Express, Inc. (MC-228481), Commuter Bus Line, Inc.
(MC-162133), and No. 22 Hillside Corp. (MC-182453).
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Under 49 U.S.C. 14303(b), we must approve and authorize a
transaction we find consistent with the public interest, taking into
consideration at least: (1) The effect of the transaction on the
adequacy of transportation to the public; (2) the total fixed charges
that result; and (3) the interest of affected carrier employees.
Applicant has submitted the information required by 49 CFR 1182.2,
including information to demonstrate that the proposed transaction is
consistent with the public interest under 49 U.S.C. 14303(b).
Specifically, applicant has shown that the merger will have a positive
effect on the adequacy of transportation to the public and will result
in no increase in fixed charges and no changes in employment. See 49
CFR 1182.2(a)(7). Additional information may be obtained from
applicant's representative.
On the basis of the application, we find that the proposed merger
is consistent with the public interest and should be authorized. If any
opposing comments are timely filed, this finding will be deemed vacated
and, unless a final decision can be made on the record as developed, a
procedural schedule will be adopted to reconsider the application. See
49 CFR 1182.6(c). If no opposing comments are filed by the expiration
of the comment period, this decision will take effect automatically and
will be the final Board action.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
This decision will not significantly affect either the quality of
the human environment or the conservation of energy resources.
It is ordered:
1. The proposed merger is approved and authorized, subject to the
filing of opposing comments.
2. If timely opposing comments are filed, the findings made in this
decision will be deemed vacated.
3. This decision will be effective on February 14, 2000, unless
timely opposing comments are filed.
4. A copy of this notice will be served on: (1) the U.S. Department
of Transportation, Office of Motor Carrier Safety--HMCE-20, 400
Virginia Avenue, S.W., Suite 600, Washington, DC 20024; (2) the U.S.
Department of Justice, Antitrust Division, 10th Street & Pennsylvania
Avenue, N.W., Washington, DC 20530; and (3) the U.S. Department of
Transportation, Office of the General Counsel, 400 7th Street, S.W.,
Washington, DC 20590.
Decided: December 21, 1999.
By the Board, Chairman Morgan, Vice Chairman Clyburn, and
Commissioner Burkes.
Vernon A. Williams,
Secretary.
[FR Doc. 99-33630 Filed 12-28-99; 8:45 am]
BILLING CODE 4915-00-P
